Legal Opinion

In re the Personal Restraint of Smith

Washington Supreme Court

Decided October 14, 1999No. Nos. 67182-6; 67390-0PublishedCited by 34 opinions

1Opinion of the CourtJohnson, J.

These consolidated personal restraint petitions ask us to determine the applicability of former RCW 9.94A.150(1) (1996) to certain class B offenses. The question is whether the Department of Corrections (DOC) erroneously applied the statute when it capped petitioners’ “earned early release time” at 15 percent of their respective sentences. We find DOC was in error and grant the petitions.

FACTS

Petitioner James Smith was convicted of attempted rape in the first degree, burglary in the first degree, and residential burglary. The sentences on the burglary charges have expired but Smith remains…

2Cases cited25 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. State v. WardWashington Supreme Court · 1994
  3. Whatcom County v. City of BellinghamWashington Supreme Court · 1996
  4. State v. LewisWashington Supreme Court · 1998
  5. In the Matter of CharlesWashington Supreme Court · 1998

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3Cited by34 opinions

  1. City of Spokane v. Spokane CountyWashington Supreme Court · 2006
  2. City of Spokane v. County of SpokaneWashington Supreme Court · 2006
  3. State v. BunkerWashington Supreme Court · 2010
  4. State v. BunkerWashington Supreme Court · 2010
  5. In Re SmithWashington Supreme Court · 1999

29 more not listed; retrieve them via the Exa API.

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